It is well established in law that the Court has the power to void terms in contracts (or entire contracts) if they are unfair. This principle has been enshrined in Australian Consumer Law, by virtue of…
Challenging the Imposition of a Constructive Trust
In corporate insolvencies, company creditors often try to establish that they are secured creditors to avoid proving in the liquidation along with the company’s unsecured creditors. In the normal course, this will involve the creditors (ahead…
Defamation in the New Age
Defamation is the publication or communication of material that contains unsubstantiated facts or allegations which negatively impacts a person’s reputation. A defamatory publication need not be in writing, it is any communication – words, images, even…
Rose Litigation Lawyers Annual Professional Staff Retreat
The Rose Litigation Lawyers professional staff attended the firm’s annual Professional Staff Retreat held at Mooloolaba in June 2019. We are very proud and excited to have a fantastic team with a great culture and dynamics,…
Solid Trading Terms are Essential
The Personal Property Securities Register (“PPSR”) is an essential tool for trading parties to secure debt and shield off any potential claims from Liquidators under the voidable transaction provisions of the Corporations Act 2001 (Cth), in…